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The Messersmith Law Firm, P.A. J-1 Waivers and INA §212(e)
J-1 Advisory Opinion

Can DOS Determine 212(e) for a J-1 Program From Many Years Ago?

Yes. The Waiver Review Division accepts Advisory Opinion requests involving historical exchange programs and requires the complete available DS-2019 or IAP-66 history, funding information, program dates, and proof of any time already spent satisfying the requirement.

Reviewed by Peter Messersmith · 2026-09-14

There is no rule limiting Advisory Opinions to recent J programs

DOS asks for every DS-2019 or IAP-66 ever issued and specifically contemplates review of prior programs.

Describe each historical program

The request should explain the J program or programs, program dates, sources of funding, and other relevant information.

Submit old IAP-66 records where applicable

Pre-SEVIS programs may be documented on IAP-66 forms, which DOS expressly includes in the required record.

Include proof of prior fulfillment when relevant

DOS specifically asks for evidence of time spent in the required home country if the applicant believes a prior §212(e) obligation has already been satisfied.

Legal Authorities and Sources

  1. U.S. Department of State — Advisory Opinions
  2. U.S. Department of State — J-1 Waiver Frequently Asked Questions
  3. U.S. Department of State — How to Apply for a J-1 Waiver

Frequently Asked Questions

Can I request an Advisory Opinion for a decades-old J program?

Yes.

Does DOS accept old IAP-66 forms?

Yes.

Should I include proof that I already spent two years in the home country?

Yes, if applicable.

Need Help With a J-1 Waiver?

The Messersmith Law Firm represents J-1 exchange visitors, physicians, researchers, professionals, and families in complex INA §212(e) matters.

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